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South Carolina Lemon Laws

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    Vehicles

    • The South Carolina lemon law applies to new passenger motor vehicles. A vehicle that is defined as new under the South Carolina lemon law is one that has been sold to a dealer from the manufacturer for sale. The law defines a passenger vehicle as one that transports up to ten passengers. The South Carolina law does not apply to motorcycles, off road vehicles or the living area of a recreational vehicle.

    Defects

    • When a South Carolina consumer purchases a new vehicle in the state, the lemon law ensures that the vehicle will be free of defects that impair its safe operation. The defect must affect the safe use of the vehicle. An eligible defect cannot occur because of an accident or damage caused by the owner of the vehicle. Defects caused by alterations or modifications to the vehicle are not covered by the lemon law.

    Timing

    • The defect or defects must occur within the first twelve months or 12,000 miles after the owner takes possession of the vehicle, whichever occurs first. The owner of the vehicle must report the defect to the manufacturer or dealership during this time frame.

    Repair Attempts

    • The South Carolina lemon law allows the manufacturer to repair a vehicle before a refund or replacement is ordered. A vehicle is considered a lemon if there have been three attempts to repair the same defect without result. It can also be a lemon if the vehicle is out of service for a cumulative period of 30 days during the year.

      Some manufacturers require consumers to send notice and give an opportunity to repair the defect before filing a lemon law claim. The notice must be in writing, sent by registered, express or certified mail, requesting the repair. If a manufacturer does not require notice, consumers are not required by law to send a written notice before filing the claim.

    Refunds and Replacements

    • If the defect cannot be repaired, the South Carolina lemon law requires a manufacturer to refund the cost of the car or replace it. The manufacturer makes the decision on whether to refund the cost of the car or to replace it.

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